FAQ
Unfair Debt
Have questions about filing for bankruptcy or consumer protection laws? We have answers. Review commonly asked questions about debt collection practices, bankruptcy, creditor harassment, and more.
The statute of limitations refers to the amount of time you can be sued for any given cause of action. For debt, that amount of time can be four, five, or 10 years, depending on the type of debt. Also, be aware that in some circumstances and jurisdictions, making a payment can restart the statute of limitations.
Call our office if you are considering making a payment on an account that you haven’t paid on for months or years.
Yes. In West Virginia, the statute of limitations on medical debt may vary. Depending on the type of medical debt, the statute of limitations could be as short as four years. This means that after four years, you no longer have any legal obligation to pay.
However, not all medical debt is the same, and other factors can impact whether or not your obligation to pay has ended. Call our office to determine whether or not someone is trying to collect time-barred debt from you.
Yes. In West Virginia, the statute of limitations on auto loan debt is usually four years. This means that after four years, you no longer have any legal obligation to pay.
However, not all auto loan debt is the same, and other factors can impact whether or not your obligation to pay has ended. Call our office to determine whether or not someone is trying to collect time-barred debt from you.
Generally speaking, debt collectors may call other references in order to find a working telephone number for you, but cannot disclose that they are attempting to collect a debt. You also have the right to tell the collector not to call anyone else. Call us today if you think a debt collector is calling your work or telling others that you owe a debt.
Generally speaking, debt collectors may call you at work, but cannot disclose that they are attempting to collect a debt. You also have the right to tell the collector not to call your work or anyone else. Call us today if you think a debt collector is calling your work or telling others that you owe a debt.
In our experience, companies that advertise credit consolidation or help are scams. The reason is that they often get paid first and will not help you if you get sued. While there may be legitimate credit repair or debt consolidation companies out there, we’ve yet to find any.
Call us immediately if you’re considering hiring one of these companies or if you already did, and you think it’s a scam, too.
Yes. In West Virginia, the statute of limitations on credit card debt is normally five years. This means that after five years, you no longer have any legal obligation to pay that debt. However, not all credit card debt is the same, and other factors can impact whether or not your obligation to pay has ended. Call our office to determine whether or not someone is trying to collect time-barred debt from you.
If a debt collector claims that your failure to pay will result in additional collection fees or legal fees, you may have a claim against that debt collector. In West Virginia, debt collectors cannot, in most cases, charge their fees for legal expenses associated with attempting to collect debt allegedly owed by an individual and not associated with a business.
Zombie debt is old debt that cannot be legally collected through the courts because it is beyond the statute of limitations. You may still receive collection communications, but the debt collector must tell you that they cannot sue you for the debt because you have no legal obligation to pay due to the old age of the debt.
Call us immediately if you think someone is attempting to collect zombie debt from you so that we can determine if you may have a claim against your debt collector.
If you cosign for a debt for someone else, then you are just as liable for the debt as they are. It doesn’t matter who signed first or who you think is the “primary” borrower. And, if you seek a discharge of your obligation to pay in bankruptcy, your co-signer may still be liable for the debt and vice versa.
Call us today to determine if you can discharge a cosigner debt in bankruptcy.
